Jun 13, 2016Premises Damaged by Fire? Don’t Be Left Holding the Bag An Appellate Review of Insurance and Indemnity Clauses in a Commercial LeaseIn an article from January 2015, we cautioned landlords and tenants to pay particular attention to…
May 10, 2016Lisa Borsook Discusses Advancing Women in the Legal Profession WeirFoulds Executive Partner Lisa Borsook discussed her commitment to advancing women in the legal profession in the May 2016 edition of Lexpert® magazine. In “Advancing Women”, Lisa…
Feb 8, 2016Client Update – February 2016 Following on our earlier client updates from May 1, 2013 there have been signs of movement on a tax on all off-street parking spaces on commercial properties…
Feb 4, 2016WeirFoulds Represents Honeywell in the Acquisition of COM DEV International’s Space Hardware and Systems Business On Thursday, February 4, 2016, Honeywell (NYSE:HON) completed the previously announced acquisition by plan of arrangement of COM DEV International Ltd. (TSX:CDV), a leading satellite and space components provider of switches and multiplexers.
Feb 2, 2016Vacant Spaces: Challenges in the Economic Climate In the challenges facing landlords in the current economic and market conditions, the municipal tax treatment of vacant space is not to be forgotten as some relief available for the carrying costs of vacant space. The Municipal Act, 2001 and the City of Toronto Act, 2006 both require vacancy rebates to be provided for eligible commercial and industrial premises.
Dec 18, 2015Four WeirFoulds Partners Named in the 2016 Lexpert®/American Lawyer Guide We are pleased to announce that four WeirFoulds partners have been ranked in the Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada.
Four WeirFoulds Partners in Lexpert® Special Edition on Litigation We are pleased to announce that Bryan Finlay, W.A. Derry Millar, Kenneth Prehogan, and J. Gregory Richards have been listed in the Lexpert® Special Edition – Canada’s Leading Litigation Lawyers.
Oct 8, 2015Land Transfer Tax: Assignments, Flips and Options Determining the amount of Land Transfer Tax (“LTT”) payable on a routine purchase and sale transaction is not a difficult task. On a more complicated transaction or series of transactions, however, the impact of the Land Transfer Tax Act R.S.O. 1990, c.L.6, as amended (the “Act”) and the resultant LTT may have surprising and unfavourable results for a purchaser.
Sep 28, 2015Integrity Provisions and Leases with Federal Governmental Bodies Overview of the new Integrity Regime On July 3, 2015, the Government of Canada introduced a revamped “Integrity Regime” that applies to all real property transactions (including…
Jun 23, 2015WeirFoulds Well Represented in the 2015 Canadian Legal Lexpert® Directory WeirFoulds is pleased to announce the recognition of 17 lawyers as “Leading Practitioners” in the 2015 Canadian Legal Lexpert® Directory. Each lawyer was selected based on recognition by their peers and highlights the firm’s expertise across a range of practice areas.
May 4, 2015Leasing Lessons from California: Is Your Co-Tenancy Clause Enforceable? Most Canadians are familiar with many of California’s notable attributes from Hollywood, to Silicon Valley, giant redwoods, the former “Governator”, Napa Valley wines and Alcatraz. However, outside…
Feb 26, 2015The (Carbon) Taxman Cometh: The Impact of Carbon Taxes on Landlords and Tenants The uncertainty surrounding the future of carbon taxing in Ontario extends to the commercial leasing industry. The potential implementation of either a “true” carbon tax or a cap-and-trade system in Ontario will affect landlords and tenants in different ways.
Jan 30, 2015Beware: Insurance, Indemnity, and Terms Not As They Appear Landlords and tenants should always be thinking about the relationship between an obligation to insure and a lease’s indemnity clause so that the risk, should the “Premises”…
Jan 26, 2015Quiz: An Obligation to Negotiate a Lease in Good Faith Effective negotiation is an integral part of coming to terms on all types of agreements. Depending on the negotiating power of the parties, it typically involves some…
Oct 9, 2014An Unappealing Proposal: An Obligation to Negotiate in Good Faith? Suppose for a moment that in negotiating a lease, the landlord was required to tell a prospective tenant that it had received no offers in the last…
Feb 1, 2014Beware the Pitfalls of the Notice of Default It is well established law that distress and termination are mutually exclusive remedies. Distress proceedings are fundamentally inconsistent with a termination of the lease, as the former…
Jul 29, 2013Quiz: Navigating Franchising Leasing Agreements With franchisors and franchisees involved, lease agreements can get fairly complicated. In many situations, it’s not immediately obvious where obligations lie, or whether a clause will be…
Jun 24, 2013Twelve WeirFoulds lawyers recognized as leading practitioners in 2013 Twelve WeirFoulds lawyers have been recognized in the 2013 edition of the Canadian Legal Lexpert® Directory as “Leading Practitioners” in their areas of practice. The Directory identifies…
Aug 1, 2012Quiz: Managing the evolution of commercial spaces How would you resolve these case situations?
Feb 16, 2012WeirFoulds successfully argues for interim injunction in The Real Jerk case Justice Low of the Ontario Superior Court of Justice awards an interim injunction for the owner and operator of The Real Jerk.
Jan 30, 2012The Real Jerk plans to fight its eviction The owners of the Real Jerk restaurant have hired a lawyer to fight their Jan. 31 eviction date. Co-owner Ed Pottinger says lawyer Albert Formosa is planning…
Dec 20, 2011Case Law Update: In the Matter of the Bankruptcy of TNG Acquisition Inc. (successor estate of NexInnovations Inc., a bankrupt) of the City of Mississauga, in the Province of Ontario Landlord and tenant Repudiation of Lease Companies’ Creditors Arrangement Act Proceedings
Sep 30, 2011Four WeirFoulds Partners Named Leading Infrastructure Lawyers in Canada Four WeirFoulds partners have been been ranked by Lexpert® as Leading Infrastructure Lawyers in Canada in the October 2011 Special Edition of the Globe and Mail’s Report…
May 17, 2011Thirteen WeirFoulds Lawyers Named Leading Practitioners in 2011 Canadian Legal Lexpert Directory Thirteen WeirFoulds lawyers have been recognized in the 2011 edition of the Canadian Legal Lexpert® Directory as “Leading Practitioners” in their areas of practice. The Directory identifies…
Nov 17, 2009Residential Rental Properties – Leases, Sales and Construction: HST Transitional Rules A summary of the Ontario HST transitional rules affecting residential real property rentals and construction.
Sale or Lease of Goods: HST Transitional Rules A summary of the Ontario HST transitional rules affecting supplies of goods.
Nov 10, 2009Commercial Leases: HST Transitional Rules A summary of the Ontario HST transitional rules affecting commercial leases.
Jan 1, 2009Leasing in an Uncertain Economy As uncertainty in financial markets continues, affecting all aspects of the economy, commercial landlords ought to consider the manner in which they approach lease agreements and their negotiation, as well as the parties with whom they conduct business.
Rooftop Solar Panels – Good Business Sense or Not? A number of landlords, owners and tenants have recently received inquiries from rooftop solar panel installers desirous of installing solar panels on their roofs.